Gowan v. Fountain
Supreme Court of Minnesota
Appeal by plaintiff, Mary M. Gowan, from a judgment of the District Court of Chippewa County, Powers, J., entered December 31, 1891. On- November 4, 1881, plaintiff recovered judgment in the District Court of Swift County against Hannah J. Bensel, for $1,014.49. This’judgment was docketed in Chippewa County on’December 2, 1889. A writ of execution was issued on November 26, 1889, and delivered to plaintiff’s attorney, together with a transcript of the judgment, with…
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Appeal by plaintiff, Mary M. Gowan, from a judgment of the District Court of Chippewa County, Powers, J., entered December 31, 1891. On- November 4, 1881, plaintiff recovered judgment in the District Court of Swift County against Hannah J. Bensel, for $1,014.49. This’judgment was docketed in Chippewa County on’December 2, 1889. A writ of execution was issued on November 26, 1889, and delivered to plaintiff’s attorney, together with a transcript of the judgment, with directions to file the transcript with the Clerk of the Court in Chippewa County, and then fill up the blank date of doing it in…
1Opinion of the CourtMitchell, J.
The only questions raised by this appeal involve the validity of the execution sale under which plaintiff claims title to the real estate in controversy.
Judgment was rendered and docketed in the district court in and for Swift county in favor of the plaintiff and against the defendant Bensel.
The clerk of the court in that county “issued” (to use the language of the findings) an execution on the judgment directed to the sheriff of Chippewa county, (in which the land in question is situated,) in which the date of docketing the judgment in the latter county was left blank, and at the same time…
2Cases cited2 opinions
- Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Mollison v. EatonSupreme Court of Minnesota · 1871
3Cited by6 opinions
- Eustice Ex Rel. Eustice v. JewisonSupreme Court of Minnesota · 1987
- In Re EhrichUnited States Bankruptcy Court, D. Minnesota · 1990
- Jensen v. ChristensenSupreme Court of Minnesota · 1943
- Rogers v. BenzSupreme Court of Minnesota · 1917
- Hoerr v. MeihoferSupreme Court of Minnesota · 1899
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